Saturday, July 10, 2010

Judge: "Anybody who makes false allegations of rape must expect to receive a custodial sentence"

Bravo to Judge Graham Cottle, who sent a false rape liar -- a compulsive "attention seeker" -- to prison for eighteen months after she caused an innocent man to spend four days in jail.  It needs to be understood that during those four days, the innocent man experienced a hell that the rape liar will not experience in her time behind bars: he lived with the uncertainty that the truth would be believed, and with the possibility of many years behind bars for a "crime" he didn't commit.  Eighteen months is too short a sentence for such a horrible, vile crime, but it's long enough to send a message, to this liar, and other like-minded liars.  Judge Cottle is to be commended for not buying the nonsense about the liar's troubled past. He is also to be commended for focusing on the harm to the innocent man.

Teen jailed over false rape claim'Troubled' young woman is jailed for 18 months

A TEENAGER who made false claims she was raped by a stranger in Torquay has been sent to prison for 18 months.

Nikita Kirk, 18, of Godwell Road, Ivybridge, called 999 from a public phone box to say a man she did not know had attacked and raped her.

The stranger was arrested, put into custody and tested for blood.

Exeter Crown Court was told yesterday his 'horrific' ordeal lasted four days before Kirk admitted she made up the whole story.

Sentencing her, Judge Graham Cottle said Kirk had no mental health problems and was simply a compulsive 'attention seeker'.

The court was told that on February 10, Kirk called police to make a 'totally false' report that a man had attacked her.

To support her accusation, she caused injuries to herself.

She took police to an address which she claimed was connected to the attack and identified a man who she said had taken cocaine before raping her.

David Gittins, prosecutor, said the man strenuously denied any part in the attack and offered to take blood tests to prove he had not taken drugs despite a fear of needles.

Four days later Kirk told police the allegation had been false.

At a previous court hearing she admitted one count of perverting the course of justice.

Mitigating, William Parkhill, said Kirk had endured a troubled childhood and had been raised in foster care.

He said pre-sentence reports showed she was a 'very troubled young lady' whose upbringing had left her 'extremely damaged' and prone to self-harming.

"Her behaviour is erratic and beyond explanation," he said, before adding that she had not thought through the consequences of her 'horrific' allegation.

Judge Cottle said the victim's experience could only be described as 'sheer hell'.

He said: "Only four days later did you eventually admit you had made it all up. Anybody who makes false allegations of rape must expect to receive a custodial sentence."

He added: "The behaviour you engaged in was basically attention seeking."

He said while the defendant was on bail for this offence, she committed several others including not paying a taxi driver his fare, committed after she had been drinking.

Kirk was given 18 months for perverting the course of justice and concurrent sentences of two months for six summary offences of making off without payment; sending a false message to police; wasting police time; obstructing a police officer and travelling on a railway without a ticket.
Link: http://www.thisissouthdevon.co.uk/news/Teen-jailed-false-rape-claim-Troubled-young-woman-jailed-18-months/article-2399991-detail/article.html

27 comments:

Anonymous said...

Excellent. For once a judge gets it right.

This was compulsive attention-seeking. End of diagnosis.

Anonymous said...

ffs how many more of these cases, and these are only the ones we know about where the guilt is so incredibly obvious the case cannot be easily ignored.

Arod99k said...

The judge did not get it right!

He should have given her at least 8 years, this is the sentence that the man in this case might have received.

8 years would have prevented other false accusers, or at least make them think twice.

Playing with peoples lives is not a joke. 8 years should have been the minimum.

Anonymous said...

Someone who does this is malicious, not 'troubled'.

I'm so SICK of malicious women and their feminist defenders using that as an excuse to subject men to the worst possible abuses.

How do you think that would work the other way around? Sorry I smashed her face in, your honour, I'm troubled you see. No jail time for me because I'm obviously not a threat, I just need 'help'.

Yeah, I wonder how that would fly with the moral cripples that are feminists.

Of course, having an FRA made against you is only about a million times worse than having your face smashed in.

Kudos to the judge for rejecting her 'troubled' claims and jailing her. Also notice the man isn't named in the article. Thank God. She should have got more than eighteen months - eighteen years would have been more like it - but I'm glad she will actually be punished.

Anonymous said...

The judge did not get it right!

He should have given her at least 8 years, this is the sentence that the man in this case might have received.

***

I agree, but I'm taking into account that this happened in the UK, where sentences for rape are far lower. If this had happened in America I certainly would not feel satisfied with 18 months (although she wouldn't even have gotten that here).

AfOR said...

That's around 6 *jailed* for this in Exeter courts in the last nine months or so alone.

Only the most blatant, we cannot possibly sweep this under the carpet, types of FRA result in the FRA being taken to Court, which means only a very, very, very small minority.

LITERALLY EVERY DAY in Court there is a rape accusation being dealt with, the majority of them as integral parts of divorce / custody cases that have gone nuclear.

We regularly hear about (mythical) huge underground and invisible child sex trafficing operations, and mythical underground adult sex trafficing operations, but we simply do not hear about the factual but absolutely massive hidden false sexual abuse and rape epidemic.

Mainly because a lot of it happen in civil courts as part of the aforementioned divorce and child custody cases, and the press does not report on civil cases............

Anonymous said...

What do we need to start doing in order that false rape accusers are charged in the U.S.? Would it be state by state, or could this be addressed through federal law?

Part of the problem in the U.S. is, that as far as I can tell, law enforcement tries to dispose of these situations quietly. Which given the current situation, might be the best for the accused. But by doing so the public doesn't hear about it, which makes it seem like less of an issue.

Anonymous said...

"He said pre-sentence reports showed she was a 'very troubled young lady' whose upbringing had left her 'extremely damaged' and prone to self-harming."

While we don't know what evidence the judge had in the case to determine that the accuser was not mentally ill, whenever one sees "prone to self-harming" one should suspect Borderline Personality Disorder or disorders in the "Cluster B" spectrum (see: http://personalitydisorders.suite101.com/article.cfm/personality_disorders

Those who have Borderline Personality Disorder often conduct distortion campaigns (see: http://angiemedia.com/2008/12/29/bpd-distortion-campaigns/ )
as do those with Munchausen's Syndrome (see prior comments in posts on FRS: http://www.google.com/search?q=site%3Afalserapesociety.blogspot.com+Munchausen ).

A useful site for those who want to avoid these types of people:

http://shrink4men.wordpress.com/a-shrink-for-men-index/

Anonymous said...

"What do we need to start doing in order that false rape accusers are charged in the U.S.? Would it be state by state, or could this be addressed through federal law?"

Federal law should override state law. States rights are going to be tested in the federal case against Arizona concerning their new immigration statutes. If Arizona loses the case, I can see application of federal law to override state rape statutes also. It would be nice to see uniform rape statutes throughout the country as there is way too much variability between the states on the issue of rape crimes (and false rape accusations).

AfOR said...

The US has a death penalty.

It seems to get used a lot.

The only other crime treated as seriously as rape is murder.

I can't see why a False Rape Accusation is not awarded the death penalty (in the US).

Since Rape already has life imprisonment, death penalty for the far worse crime of a FRA cannot possibly have a chilling effect on rape victims reporting the crime, or an encouraging effect for those very few who will rape.

Anonymous said...

"I can't see why a False Rape Accusation is not awarded the death penalty (in the US)."

In most states it's not even felony, or even a specific misdemeanor (just included with false reporting of crime in general).

Anonymous said...

"Part of the problem in the U.S. is, that as far as I can tell, law enforcement tries to dispose of these situations quietly. Which given the current situation, might be the best for the accused. But by doing so the public doesn't hear about it, which makes it seem like less of an issue"

The reason the public doesn't hear about them is because they rarely occur.

Anonymous said...

Its interesting ( and a good thing) that England publishses stories of false rape accusations, While the united states is dominated by the "Gender / Raunch" community that will not publish very many false rape stories in any media.
Sure, there are a few that slip throught the "MEDIA LACE CURTAIN", but a very small percentage ever make it to the public awareness.
Many quackademics in the U.S are now "Gender / raunch", and they understand that their "Empowerment" comes from stepping on the heads of innocent hetero-sexual men/boys.

Anonymous said...

"The reason the public doesn't hear about them is because they rarely occur."

No, according to police statistics they are very common.

Anonymous said...

The reason the public doesn't hear about them is because they rarely occur.

***

They occur all the time. For example, according to the Baltimore PD 40% of the accusations the receive are non-credible.

An entire class of criminal -- false rape accusers -- has been given above-the-law status. But you already knew that, didn't you?

Anonymous said...

This is a site for prejudice, whether you like it or not you are all part of a prejudice group no better than the KKK, NF or BNP.

Anonymous said...

"This is a site for prejudice, whether you like it or not you are all part of a prejudice group no better than the KKK, NF or BNP."

What happened? Did you malicious rape allegation LIE get found out? Criminal record? Ouch, that must have hurt. Ruined your job prospects for oooh, the rest of your life, did it? I can see why you're bitter.

Anonymous said...

So what if I was raped by an Asian man/woman should I now set up a website devoted to saying vile things about Asians?

It would be justified wouldn't it? Because there are many women raped by Asians.

Anonymous said...

11:16, you sound a lot like a false accuser right now.

Anonymous said...

The assumption that people without prejudiced must have lied about being raped or think all men are rapists suits the frenzy whipping element of this blog that is manufactured by it's founder.

Anonymous said...

11:16, you sound a lot like a false accuser right now.

Jul 12, 2010 11:25:00 AM

What a stupid post.

How can that sound like a false accusation? I am merely illustrating that this blog has lost it's way, it seems to me that the prejudice is acceptable against women because some people have had horrendous accusations against them.

Why would you suppose that I support flouting of the law?

Anonymous said...

So what if I was raped by an Asian man/woman should I now set up a website devoted to saying vile things about Asians?

It would be justified wouldn't it? Because there are many women raped by Asians.

***

There is an irrational association in this troll's head (and this is probably Georgia Liar, who is always semi-obsessed with us) between anti-feminism and racism.

But actually, feminists have more in common with racists than we do.

E. Steven Berkimer said...

This is a site for prejudice, whether you like it or not you are all part of a prejudice group no better than the KKK, NF or BNP.

Ok anon,

now this is just offensive to me. You will kindly show how this site is prejudiced, when, if there is a woman falsely accused of rape, we run it. What exactly is it that makes us prejudiced? The fact that we advocate for a group that is under-represented? or the fact that we are very reluctant to censor (until someone becomes abusive, language wise, against those falsely accused)?

What exactly is it that makes us prejudiced?

E. Steven Berkimer said...

The reason the public doesn't hear about them is because they rarely occur.


Ok anon, I'll play. What proof can you provide that shows they are rare? Here's mine that shows they aren't:


Regardless of what the actual number might be, every impartial, objective study ever conducted on the subject shows false rape claims are a serious problem. As reported by "False Rape Allegations" by Eugene Kanin, Archives of Sexual Behavior Feb 1994 v23 n1 p81 (12), Professor Kanin’s major study of a mid-size Midwestern U.S. city over the course of nine years found that 41 percent of all rape claims were false. Kanin also studied the police records of two unnamed large state universities, and found that in three years, 50 percent of the 64 rapes reported to campus police were determined to be false (without the use of polygraphs). In addition, a landmark Air Force study in 1985 studied 556 rape allegations. It found that 27% of the accusers recanted, and an independent evaluation revealed a false accusation rate of 60%. McDowell, Charles P., Ph.D. “False Allegations.” Forensic Science Digest, (publication of the U.S. Air Force Office of Special Investigations), Vol. 11, No. 4 (December 1985), p. 64. See also, "Until Proven Innocent," the widely praised (praised even by the New York Times, which the book skewers -- as well as almost every other major U.S. news source) and painstaking study of the Duke Lacrosse non-rape case. Authors Stuart Taylor and Professor K.C. Johnson explain that the exact number of false claims is elusive but "[t]he standard assertion by feminists that only 2 percent" or sexual assault claims "are false, which traces to Susan Brownmiller's 1975 book 'Against Our Will,' is without empirical foundation and belied by a wealth of empirical data. These data suggest that at least 9 percent and probably closer to half" of all sexual assault claims "are false . . . ." (Page 374.)

E. Steven Berkimer said...

Oh, and anon, please give cites or links to the figures you are going to give us.

Thanks.

Anonymous said...

It's ironic that the troll would compare us to racists, since we have always advocated equally for black as well as white men, and mention Hofstra almost every time Duke comes up.

The pot always calls the kettle black.

Anonymous said...

They should be named shamed and jailed for life - they are all disgusting have no shame and should be made to suffer like the falsely accused is made to suffer.